Rental Agreement
Terms
Exhibit A
Rules + Extraordinary Fees
Rental Agreement
Rental Agreement
Welcome and thank you for booking your vacation rental
through Casa Lago.
Please be sure to read this rental agreement (the
“Agreement”) in its entirety, as well as our website. The
vacation rental property you have selected (the “Vacation Rental”) may have
additional rules, policies, terms and conditions that apply to your stay. If
you are booking your Vacation Rental through a website other than the Casa Lago
site, such as Airbnb or VRBO, your reservation may also be subject to that website’s
terms and conditions. Among others, this Agreement contains the following
important terms:
- Any payments you make are fully refundable if cancelled 30+ days in advance. Cancellations made 14-29 days in advance are 50% refundable. Cancellations made 31+ days in advance are non-refundable. Please read the cancellation policy carefully before booking and consider purchasing travel insurance (Section 2).
- Depending on certain circumstances and at Casa Lago’s sole discretion and goodwill Casa Lago may issue you a future travel credit for use at the property as your sole and exclusive remedy (which are subject to certain restrictions set forth at issuance including that travel credits are non-transferable and must be used 2 years from issuance).
- You are releasing Casa Lago and the homeowner from certain types of liability and agreeing to assume certain risks on behalf of yourself and each individual present during the stay (Sections 12 & 13);
- This Agreement requires claims to be resolved through Arbitration (Section 17).
- This Agreement contains a Jury Trial wavier and a Class action waiver (Section 19).
By clicking “Book Now” you are acknowledging and agreeing to
each term included in this Rental Agreement, which specifically includes each
of the above-described terms and conditions, as well as any applicable rules,
policies, terms or conditions specific to your selected property:
- BOOKING TRANSACTION. This Agreement is between Casa Lago and the individual completing this booking transaction for the Vacation Rental (“you” or “Guest”). Casa Lago represents the owner of the Vacation Rental (your “Host”). Casa Lago provides the Vacation Rental subject to the terms of this Agreement. You agree that you will be present at the Vacation Rental for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Vacation Rental during your stay. This includes ensuring everyone in your party or otherwise present at the Vacation Rental (each an “occupant”) is aware of and in compliance with the terms identified in this Agreement. If you are bringing a minor as an occupant, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your stay and agree to the terms of this Agreement on each minor’s behalf.
- PAYMENT TERMS & CANCELLATION. The total amount due, including the base rates, taxes, and fees are displayed on the checkout webpage for the Vacation Rental. A portion of your total payment may be due upon checkout, as indicated in the “amount to be charged now” line. The balance is due prior to arrival within the schedule indicated on the reservation webpage.
Please review these amounts carefully. You may cancel your booking at any time, however, payments you make are only fully refundable if cancelled 30+ days in advance. Cancellations made 14-29 days in advance are 50% refundable. Cancellations made 31+ days in advance are non-refundable. Please review the specific cancellation and refund terms in the listing you are reserving prior to checkout as exceptions will not be made once your reservation is confirmed.
- HOUSE
RULES & POLICIES. The Vacation Rental may have specific
rules and policies regarding pets, smoking/vaping, quiet hours, parking, lake,
pool and/or hot tub usage, and other local, HOA, or property regulations.
These rules are detailed in the description section of the Vacation Rental
listing, in an Exhibit A attached hereto, or as otherwise
delivered to you, and are incorporated into this Agreement. Please review
these terms carefully, as violation(s) may result in additional fees or
the immediate removal of you and other members of your party from the
Vacation Rental without refund. Further, violation of any law or ordinance
by any individual at the Vacation Rental during your reservation will
result in the immediate removal of you and other members of your party
from the Vacation Rental without refund.
- ARRIVAL
DETAILS & CHECK-IN/CHECK-OUT. Once your booking has been paid
in full, you will receive contact information for the primary contact for
your stay (your “Guest Contact”). Check-in and check-out times will be
communicated to you prior to your arrival, unless otherwise set forth in
the description of the Vacation Rental. Please confirm your expected
arrival time with your Guest Contact. If you or any member of your group
fails to vacate the Vacation Rental at the designated check-out time, you
grant Casa Lago the right to charge the credit card number used to book
the Vacation Rental for an additional night(s). Further, Casa Lago, the Host
or the Guest Contact may initiate any and all proceedings necessary to
remove you, your occupants, or your belongings from the Vacation Rental.
- This agreement is for transient basis only. Guest declares they have a primary residence of their own. By signing, guest declares there is no intention to establish a landlord/tenant relationship but rather a owner (Casa Lago)/guest relationship.
- DAMAGE.
Casa Lago charges a security deposit fee when booking directly. Any damage
to the Vacation Rental must be reported to Casa Lago and the Guest Contact
before check-out. You agree damage not covered by, or exceeding the limit
of the security deposit is your full responsibility. This may include
damage or loss occurring during your stay, violations of house rules or
policies, additional cleaning fees, and/or any fines or other costs
incurred by the behavior of you or any other occupant during your stay in
violation of laws or other regulations. You grant Casa Lago the right to
charge the credit card number used to book the Vacation Rental for any
such damages, including, but not limited to, additional cleaning fees. To
ensure that the proper party is held responsible, please notify your Guest
Contact of any damage found at check-in. The security deposit will be returned if there is no damage identified.
- FEES
& ADDITIONAL SERVICES. All mandatory and optional
booking-related fees will be disclosed in the Vacation Rental listing. If
you fail to select any option(s) that incur additional fees applicable to
your stay (e.g., pet fees, smoking fees, etc.) and it is later discovered
that you should have paid for such option(s), you grant Casa Lago the
right to charge the credit card number used to book the Vacation Rental
for the associated additional fees.
- MAXIMUM
OCCUPANCY.
Welcome and thank you for booking your vacation rental through Casa Lago.
Please be sure to read this rental agreement (the “Agreement”) in its entirety, as well as our website. The vacation rental property you have selected (the “Vacation Rental”) may have additional rules, policies, terms and conditions that apply to your stay. If you are booking your Vacation Rental through a website other than the Casa Lago site, such as Airbnb or VRBO, your reservation may also be subject to that website’s terms and conditions. Among others, this Agreement contains the following important terms:
- Any payments you make are fully refundable if cancelled 30+ days in advance. Cancellations made 14-29 days in advance are 50% refundable. Cancellations made 31+ days in advance are non-refundable. Please read the cancellation policy carefully before booking and consider purchasing travel insurance (Section 2).
- Depending on certain circumstances and at Casa Lago’s sole discretion and goodwill Casa Lago may issue you a future travel credit for use at the property as your sole and exclusive remedy (which are subject to certain restrictions set forth at issuance including that travel credits are non-transferable and must be used 2 years from issuance).
- You are releasing Casa Lago and the homeowner from certain types of liability and agreeing to assume certain risks on behalf of yourself and each individual present during the stay (Sections 12 & 13);
- This Agreement requires claims to be resolved through Arbitration (Section 17).
- This Agreement contains a Jury Trial wavier and a Class action waiver (Section 19).
By clicking “Book Now” you are acknowledging and agreeing to each term included in this Rental Agreement, which specifically includes each of the above-described terms and conditions, as well as any applicable rules, policies, terms or conditions specific to your selected property:
- BOOKING TRANSACTION. This Agreement is between Casa Lago and the individual completing this booking transaction for the Vacation Rental (“you” or “Guest”). Casa Lago represents the owner of the Vacation Rental (your “Host”). Casa Lago provides the Vacation Rental subject to the terms of this Agreement. You agree that you will be present at the Vacation Rental for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Vacation Rental during your stay. This includes ensuring everyone in your party or otherwise present at the Vacation Rental (each an “occupant”) is aware of and in compliance with the terms identified in this Agreement. If you are bringing a minor as an occupant, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your stay and agree to the terms of this Agreement on each minor’s behalf.
- PAYMENT TERMS & CANCELLATION. The total amount due, including the base rates, taxes, and fees are displayed on the checkout webpage for the Vacation Rental. A portion of your total payment may be due upon checkout, as indicated in the “amount to be charged now” line. The balance is due prior to arrival within the schedule indicated on the reservation webpage. Please review these amounts carefully. You may cancel your booking at any time, however, payments you make are only fully refundable if cancelled 30+ days in advance. Cancellations made 14-29 days in advance are 50% refundable. Cancellations made 31+ days in advance are non-refundable. Please review the specific cancellation and refund terms in the listing you are reserving prior to checkout as exceptions will not be made once your reservation is confirmed.
- HOUSE RULES & POLICIES. The Vacation Rental may have specific rules and policies regarding pets, smoking/vaping, quiet hours, parking, lake, pool and/or hot tub usage, and other local, HOA, or property regulations. These rules are detailed in the description section of the Vacation Rental listing, in an Exhibit A attached hereto, or as otherwise delivered to you, and are incorporated into this Agreement. Please review these terms carefully, as violation(s) may result in additional fees or the immediate removal of you and other members of your party from the Vacation Rental without refund. Further, violation of any law or ordinance by any individual at the Vacation Rental during your reservation will result in the immediate removal of you and other members of your party from the Vacation Rental without refund.
- ARRIVAL DETAILS & CHECK-IN/CHECK-OUT. Once your booking has been paid in full, you will receive contact information for the primary contact for your stay (your “Guest Contact”). Check-in and check-out times will be communicated to you prior to your arrival, unless otherwise set forth in the description of the Vacation Rental. Please confirm your expected arrival time with your Guest Contact. If you or any member of your group fails to vacate the Vacation Rental at the designated check-out time, you grant Casa Lago the right to charge the credit card number used to book the Vacation Rental for an additional night(s). Further, Casa Lago, the Host or the Guest Contact may initiate any and all proceedings necessary to remove you, your occupants, or your belongings from the Vacation Rental.
- This agreement is for transient basis only. Guest declares they have a primary residence of their own. By signing, guest declares there is no intention to establish a landlord/tenant relationship but rather a owner (Casa Lago)/guest relationship.
- DAMAGE. Casa Lago charges a security deposit fee when booking directly. Any damage to the Vacation Rental must be reported to Casa Lago and the Guest Contact before check-out. You agree damage not covered by, or exceeding the limit of the security deposit is your full responsibility. This may include damage or loss occurring during your stay, violations of house rules or policies, additional cleaning fees, and/or any fines or other costs incurred by the behavior of you or any other occupant during your stay in violation of laws or other regulations. You grant Casa Lago the right to charge the credit card number used to book the Vacation Rental for any such damages, including, but not limited to, additional cleaning fees. To ensure that the proper party is held responsible, please notify your Guest Contact of any damage found at check-in. The security deposit will be returned if there is no damage identified.
- FEES & ADDITIONAL SERVICES. All mandatory and optional booking-related fees will be disclosed in the Vacation Rental listing. If you fail to select any option(s) that incur additional fees applicable to your stay (e.g., pet fees, smoking fees, etc.) and it is later discovered that you should have paid for such option(s), you grant Casa Lago the right to charge the credit card number used to book the Vacation Rental for the associated additional fees.
- MAXIMUM OCCUPANCY.
a) The maximum number of people that may occupy the Vacation Rental is indicated in the listing description. For clarification, this number applies to all overnight guests, day visitors and children. Unless otherwise approved by Casa Lago in writing, occupancy over the indicated capacity may result in the immediate removal of you and other members of your party from the Vacation Rental and forfeiture of all amounts paid.
b) Parties and large gatherings are not permitted at the Vacation Rental under any circumstances. Conduct of unauthorized parties or gatherings may result in the removal from the property without refund and Casa Lago may contact local law enforcement when appropriate. You agree to respect the Vacation Rental, neighbors, the surrounding community and to follow all applicable laws, regulations, ordinances and rules, including noise ordinances. You agree to conduct yourself in a manner that does not disrupt neighbors or community members.
b) Parties and large gatherings are not permitted at the Vacation Rental under any circumstances. Conduct of unauthorized parties or gatherings may result in the removal from the property without refund and Casa Lago may contact local law enforcement when appropriate. You agree to respect the Vacation Rental, neighbors, the surrounding community and to follow all applicable laws, regulations, ordinances and rules, including noise ordinances. You agree to conduct yourself in a manner that does not disrupt neighbors or community members.
- CONDITION
OF THE PROPERTY. Your Host cares very much about their Vacation
Rental and strives to keep it in excellent shape. If you notice any
problems, hazardous conditions, housekeeping issues, or maintenance
issues, please notify your Guest Contact immediately. If the Vacation
Rental is not in the condition represented in the rental listing, Casa
Lago may, in its sole discretion, offer an appeasement; provided, however,
that in no event will such an appeasement exceed the amount you paid for
the reservation
- HOST
ACCESS. You agree to allow your Host, Guest Contact, and/or their
agents reasonable access to the Vacation Rental during your stay if
requested. Such access may be necessary to resolve maintenance related
issues you report. In the event of an emergency, the Vacation Rental may
be accessed without prior notice or permission.
- CLEANLINESS. You
are expected to treat the Vacation Rental with respect, keeping in mind
that this is an individual’s home, not a hotel room. You are expected to
leave the Vacation Rental in a clean, neat, and orderly condition and
respect the Host’s requests regarding check-out procedures.
- CANCELLATIONS/UNFORESEEN
CIRCUMSTANCES.
- CONDITION OF THE PROPERTY. Your Host cares very much about their Vacation Rental and strives to keep it in excellent shape. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify your Guest Contact immediately. If the Vacation Rental is not in the condition represented in the rental listing, Casa Lago may, in its sole discretion, offer an appeasement; provided, however, that in no event will such an appeasement exceed the amount you paid for the reservation
- HOST ACCESS. You agree to allow your Host, Guest Contact, and/or their agents reasonable access to the Vacation Rental during your stay if requested. Such access may be necessary to resolve maintenance related issues you report. In the event of an emergency, the Vacation Rental may be accessed without prior notice or permission.
- CLEANLINESS. You are expected to treat the Vacation Rental with respect, keeping in mind that this is an individual’s home, not a hotel room. You are expected to leave the Vacation Rental in a clean, neat, and orderly condition and respect the Host’s requests regarding check-out procedures.
- CANCELLATIONS/UNFORESEEN
CIRCUMSTANCES.
a) UNFORESEEN CIRCUMSTANCES/FORCE MAJEURE. All
funds paid to Casa Lago are non-refundable unless stated otherwise (Section 2)
and no refunds will be due in the event your stay at the Vacation Rental
becomes impossible for a reason outside Casa Lago’s or Host’s control,
including natural disasters, fire, epidemic, pandemic, federal, state, or local
quarantine, civil commotion, changes in laws or regulations, evacuation orders,
or other acts of government agencies. However, in such circumstances, Casa Lago
may choose, in its sole discretion and as your sole remedy, to issue a travel
credit of the amounts paid to Casa Lago as an act of goodwill. Any travel
credits issued by Casa Lago will be subject to the terms set forth at issuance,
including terms regarding expiration date and non-transferability. For purposes
of clarification, inclement, unfavorable, or even severe weather is not
considered a force majeure event under this provision and no refund or credit
is due (or will be made) to you.
b) CANCELLATIONS BY CASA LAGO & SUBSTITUTION OF
PROPERTY. If Casa Lago or your Host cancels your booking for reasons other
than those described in the Force Majeure section above, you will be notified
as quickly as possible. In such cases, Casa Lago, in its sole discretion, may
provide the option to substitute a comparable property selected by Casa Lago or
refund 100% of any amounts paid to Casa Lago. If you accept the substitute
property, all rules, policies, terms and conditions specified in the
description section for the substituted property shall apply, even if they
differ from your original reservation. Casa Lago highly recommends that you
purchase Travel Insurance to protect against certain types of cancellations,
among other risks. Other than providing a refund in its sole discretion, Casa
Lago is not responsible or liable for cancellations or any costs associated with cancellations.
a) UNFORESEEN CIRCUMSTANCES/FORCE MAJEURE. All funds paid to Casa Lago are non-refundable unless stated otherwise (Section 2) and no refunds will be due in the event your stay at the Vacation Rental becomes impossible for a reason outside Casa Lago’s or Host’s control, including natural disasters, fire, epidemic, pandemic, federal, state, or local quarantine, civil commotion, changes in laws or regulations, evacuation orders, or other acts of government agencies. However, in such circumstances, Casa Lago may choose, in its sole discretion and as your sole remedy, to issue a travel credit of the amounts paid to Casa Lago as an act of goodwill. Any travel credits issued by Casa Lago will be subject to the terms set forth at issuance, including terms regarding expiration date and non-transferability. For purposes of clarification, inclement, unfavorable, or even severe weather is not considered a force majeure event under this provision and no refund or credit is due (or will be made) to you.
b) CANCELLATIONS BY CASA LAGO & SUBSTITUTION OF PROPERTY. If Casa Lago or your Host cancels your booking for reasons other than those described in the Force Majeure section above, you will be notified as quickly as possible. In such cases, Casa Lago, in its sole discretion, may provide the option to substitute a comparable property selected by Casa Lago or refund 100% of any amounts paid to Casa Lago. If you accept the substitute property, all rules, policies, terms and conditions specified in the description section for the substituted property shall apply, even if they differ from your original reservation. Casa Lago highly recommends that you purchase Travel Insurance to protect against certain types of cancellations, among other risks. Other than providing a refund in its sole discretion, Casa Lago is not responsible or liable for cancellations or any costs associated with cancellations.
- INDEMNITY
& HOLD HARMLESS. You agree to indemnify and hold
harmless your Host and Casa Lago, for any liabilities, claims, damages,
injuries, costs or expenses whatsoever arising from or related to your use
and/or occupancy of the Vacation Rental, including, but not limited to,
any claim or liability for personal injury, damage, or loss of any kind
resulting from your actions or omissions, and the actions or omissions of
other occupants, during or relating to your stay.
- ASSUMPTION
OF RISK. You and anyone using the Vacation Rental during your stay
accepts and assumes all risks involved in or related to the use of the
Vacation Rental and surrounding property, the pool, hot tub, or any other
body of water (including but not limited to a lake or an ocean at or
adjacent to the Vacation Rental), any water-related activities, features
on the property, activities participated in during your stay on or off the
property, amenities provided at the property, or third-party
transportation vendors, as applicable, whether or not disclosed in the
listing. You understand that travelling and staying in a vacation rental
property may increase the likelihood of contracting an infectious disease,
such as COVID-19, and you voluntarily assume that risk. You further accept
and assume all risks involved in or related to any recreational equipment
of any kind, including but not limited to beach or pool equipment, golf
cart, bicycles, docks, boats, paddleboards or other floating devices, game
or sports equipment, as applicable. You are responsible for determining
your fitness for participating in any features or activities during your
stay and your ability to fully understand and comply with any directions,
warnings, laws, or regulations presented. TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL
RISKS, BOTH KNOWN AND UNKNOWN, OF THE ABOVE DESCRIBED ACTIVITIES, AND YOU
ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN ANY SUCH ACTIVITIES.
- ATTORNEY’S
FEES & COSTS. If Casa Lago or your Host employs the services of an
attorney or attorneys to enforce any terms or conditions of this
Agreement, you shall be liable to Casa Lago or your Host, as applicable,
for reasonable attorney’s fees and costs incurred.
- FALSIFIED
BOOKINGS. If your booking was made under false pretense, including, but
not limited to, a falsified name, age or size of party, you will be
subject to immediate cancellation of your reservation, removal from the
property, and forfeiture of all amounts paid.
- LIMITED
SHORT-TERM RENTAL. It is expressly understood and agreed that this is
a short-term, transient vacation rental and is not a lease or other
long-term residential tenancy agreement, and that the Vacation Rental is
not intended to be utilized as a primary residence. This Agreement is only
for the licensed use of the Vacation Rental for the stated reservation
dates. It creates no property rights in you and no rights to renewal or
for recurring usage. If you hold over after the expiration of your
reservation dates, your extended stay, if authorized, will be from
day-to-day only and will not constitute a renewal or an extension for any
further term. In such case, you will be liable for paying for the
additional day(s) at a rate equal to two (2) times the nightly rate set
for the property on the dates of your holdover, plus the actual costs of
re-accommodating future tenants that were scheduled to use the Vacation
Rental during such dates. You may not sublet the Vacation Rental or any
part of it and shall not assign any interest (in whole or in part) to this
Agreement or any rights hereunder.
- ARBITRATION
& ARBITRATION AWARD. If you have a dispute that arises from or
relates to this Agreement or the Vacation Rental, and if the dispute
cannot be settled through direct discussions, you agree to submit all
unresolved disputes, controversies or claims to binding arbitration in Virginia
administrated by the American Arbitration Association in accordance with
its Commercial Arbitration Rules, to be conducted in Moneta, Virginia or
virtually, if consented to by all parties. ANY AWARD OF THE
ARBITRATOR AGAINST CASA LAGO CANNOT EXCEED THE TOTAL AMOUNT PAID FOR THE
GUEST’S BOOKING AT ISSUE. YOU EXPRESSLY WAIVE ALL CLAIMS IN EXCESS OF, AND
AGREE THAT YOUR RECOVERY SHALL NOT EXCEED, THIS AMOUNT. Any such award
shall be in satisfaction of all claims by you against Casa Lago or the
Host. Judgment on any award rendered in such arbitration can be entered in
and enforced by any court having jurisdiction.
- LIMITATION
OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
YOUR HOST, CASA LAGO, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AND/OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN
CONNECTION WITH YOUR STAY AT THE VACATION RENTAL. THIS LIMITATION APPLIES
TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT,
TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE
OF ACTION, EVEN IF CASA LAGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
- CLASS
ACTION & JURY TRIAL WAIVER. ANY AND ALL PROCEEDINGS TO RESOLVE
CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS,
CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS
IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A
JURY TRIAL.
- JURISDICTION
& VENUE. This Agreement is made in, and shall be governed solely
by the laws of, the State of Virginia without regard to conflict of laws
principles. If for any reason a claim proceeds in court rather than
arbitration, such action may only be brought in the state or federal
courts in Moneta, Virginia, and each party hereby submits to the exclusive
jurisdiction of those courts for the purposes of any such proceeding.
- NO PERMANENT RESIDENCE - This agreement is for transient basis only. Guest declares they have a primary residence of their own. By signing, Guest declares there is no intention to establish permanent residency or to establish a landlord/tenant relationship but rather a Host Owner/Guest short term relationship only.
- GENERAL
TERMS. If any section, clause, paragraph, or term of the Rental
Agreement is held or determined to be void, invalid, or unenforceable for
any reason, all other terms, clauses, or paragraphs herein shall be
severed and remain in force and effect. This Agreement shall be binding on
and inure to the benefit of the parties hereto and on each of their heirs,
executors, administrators, successors, and assignees. This Agreement or
any rights hereunder may not be assigned (in whole or in part) by you.
This Agreement is taken in full compliance with federal, state, and local
Fair Housing Laws, without regard to race, color, religion, sex, country
of origin, handicap, or familial status. This Agreement becomes binding
upon receipt of your initial payment. Sending payment constitutes your
acceptance and agreement to these terms, conditions, limitations, and
restrictions.
- INDEMNITY & HOLD HARMLESS. You agree to indemnify and hold harmless your Host and Casa Lago, for any liabilities, claims, damages, injuries, costs or expenses whatsoever arising from or related to your use and/or occupancy of the Vacation Rental, including, but not limited to, any claim or liability for personal injury, damage, or loss of any kind resulting from your actions or omissions, and the actions or omissions of other occupants, during or relating to your stay.
- ASSUMPTION OF RISK. You and anyone using the Vacation Rental during your stay accepts and assumes all risks involved in or related to the use of the Vacation Rental and surrounding property, the pool, hot tub, or any other body of water (including but not limited to a lake or an ocean at or adjacent to the Vacation Rental), any water-related activities, features on the property, activities participated in during your stay on or off the property, amenities provided at the property, or third-party transportation vendors, as applicable, whether or not disclosed in the listing. You understand that travelling and staying in a vacation rental property may increase the likelihood of contracting an infectious disease, such as COVID-19, and you voluntarily assume that risk. You further accept and assume all risks involved in or related to any recreational equipment of any kind, including but not limited to beach or pool equipment, golf cart, bicycles, docks, boats, paddleboards or other floating devices, game or sports equipment, as applicable. You are responsible for determining your fitness for participating in any features or activities during your stay and your ability to fully understand and comply with any directions, warnings, laws, or regulations presented. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF THE ABOVE DESCRIBED ACTIVITIES, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN ANY SUCH ACTIVITIES.
- ATTORNEY’S FEES & COSTS. If Casa Lago or your Host employs the services of an attorney or attorneys to enforce any terms or conditions of this Agreement, you shall be liable to Casa Lago or your Host, as applicable, for reasonable attorney’s fees and costs incurred.
- FALSIFIED BOOKINGS. If your booking was made under false pretense, including, but not limited to, a falsified name, age or size of party, you will be subject to immediate cancellation of your reservation, removal from the property, and forfeiture of all amounts paid.
- LIMITED SHORT-TERM RENTAL. It is expressly understood and agreed that this is a short-term, transient vacation rental and is not a lease or other long-term residential tenancy agreement, and that the Vacation Rental is not intended to be utilized as a primary residence. This Agreement is only for the licensed use of the Vacation Rental for the stated reservation dates. It creates no property rights in you and no rights to renewal or for recurring usage. If you hold over after the expiration of your reservation dates, your extended stay, if authorized, will be from day-to-day only and will not constitute a renewal or an extension for any further term. In such case, you will be liable for paying for the additional day(s) at a rate equal to two (2) times the nightly rate set for the property on the dates of your holdover, plus the actual costs of re-accommodating future tenants that were scheduled to use the Vacation Rental during such dates. You may not sublet the Vacation Rental or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.
- ARBITRATION & ARBITRATION AWARD. If you have a dispute that arises from or relates to this Agreement or the Vacation Rental, and if the dispute cannot be settled through direct discussions, you agree to submit all unresolved disputes, controversies or claims to binding arbitration in Virginia administrated by the American Arbitration Association in accordance with its Commercial Arbitration Rules, to be conducted in Moneta, Virginia or virtually, if consented to by all parties. ANY AWARD OF THE ARBITRATOR AGAINST CASA LAGO CANNOT EXCEED THE TOTAL AMOUNT PAID FOR THE GUEST’S BOOKING AT ISSUE. YOU EXPRESSLY WAIVE ALL CLAIMS IN EXCESS OF, AND AGREE THAT YOUR RECOVERY SHALL NOT EXCEED, THIS AMOUNT. Any such award shall be in satisfaction of all claims by you against Casa Lago or the Host. Judgment on any award rendered in such arbitration can be entered in and enforced by any court having jurisdiction.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL YOUR HOST, CASA LAGO, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE VACATION RENTAL. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF CASA LAGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- CLASS ACTION & JURY TRIAL WAIVER. ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL.
- JURISDICTION & VENUE. This Agreement is made in, and shall be governed solely by the laws of, the State of Virginia without regard to conflict of laws principles. If for any reason a claim proceeds in court rather than arbitration, such action may only be brought in the state or federal courts in Moneta, Virginia, and each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding.
- NO PERMANENT RESIDENCE - This agreement is for transient basis only. Guest declares they have a primary residence of their own. By signing, Guest declares there is no intention to establish permanent residency or to establish a landlord/tenant relationship but rather a Host Owner/Guest short term relationship only.
- GENERAL TERMS. If any section, clause, paragraph, or term of the Rental Agreement is held or determined to be void, invalid, or unenforceable for any reason, all other terms, clauses, or paragraphs herein shall be severed and remain in force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and on each of their heirs, executors, administrators, successors, and assignees. This Agreement or any rights hereunder may not be assigned (in whole or in part) by you. This Agreement is taken in full compliance with federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap, or familial status. This Agreement becomes binding upon receipt of your initial payment. Sending payment constitutes your acceptance and agreement to these terms, conditions, limitations, and restrictions.
Rules:
- Don't bring pets.
- Don't smoke cigarettes, cigars, vape, etc in any space that is not completely outdoors.
- Please treat the property (furniture, floors, rugs, etc.) with care. Any damage or stains to furniture, rugs, or other items must be reported immediately. Guests are responsible for damage caused during their say.
- Please treat the property (furniture, floors, rugs, etc.) with care. Any damage or stains to furniture, rugs, or other items must be reported immediately. Guests are responsible for damage caused during their say.
- Leave coolers in garage (and do not drag on wood floors) to prevent scratching/otherwise damaging wood floors.
- Boat lift is for owner use only.
- Don't pour grease or any foreign objects into any drain or toilet as it could cause a septic backup!
- Don't host any events (beyond the registered guests) without permission as this will void our home insurance policy.
- No self-tanner, glitter, confetti, dye (i.e. hair dye), slime, playdoh, sharpies, paint (inc. hobby paint), kinetic sand and/or silly putty.
- Don't park or drive on the grass. That’s where our septic is and we want it to keep working!
- For your safety, do not enter/tamper with the owner's closets.
- Do not take items from the home in order to prevent additional costs.
- Don't tamper with the security system or internet. Tampering with the security cameras and/or the security system (disabling, covering, re-orienting. or otherwise impacting the operability) is considered a felony in Virginia (under VA Code § 18.2-386.1) and grounds for immediate cancellation with no refund.
- To prevent injury, please do not attempt to to manually move the TVs on wall mounts.
- Avoid steep slopes and keep a safe distance from wildlife.
- Do allow our landscapers and any maintenance crews to perform their duties, including any necessary repairs or maintenance work.
- Do inform us of any issues within 48hrs of arrival.
Extraordinary Fees/Fines:
- Pets are not allowed. Pet Fine: $500/night plus damages.
- Smoking of any kind is prohibited inside the home including within the garage. Smoking Fine: $500/night plus damages.
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Damages could include extraordinary measures and fees incurred by the property owner in order to remediate any issues related to odors, stains, and all material defects (i.e. damages that affect the beauty, use, and enjoyment of the furnishings, home, and or building itself).